National Association of Tobacco Outlets, Inc. et al v. City of Providence, Rhode Island, et al

Tobacco companies sued the City of Providence, Rhode Island challenging two different local ordinances: (1) restricting the sale of flavored tobacco products (other than cigarettes) except in a smoking bar; and (2) prohibiting retailers from accepting or redeeming coupons and certain multipack discounts (e.g., buy two, get one free). The Appeals Court upheld the lower court’s decision and found that both ordinances are legal. The “Flavor Ordinance” is not preempted by the Family Smoking Prevention and Tobacco Control Act. The “Price Ordinance” does not violate the First Amendment and is not preempted by the Federal Cigarette Labeling and Advertising Act. Additionally, neither ordinance is preempted by Rhode Island state law.

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National Association of Tobacco Outlets, Inc. et al v. City of Providence, et al, No. 13-1053, ___ F.3d ___ (1st Cir. 2013).

  • United States
  • Sep 30, 2013
  • US Court of Appeals for the First Circuit

Parties

Plaintiff

  • American Snuff Company
  • Cigar Association of America, Inc.
  • John Middleton Company
  • Lorillard Tobacco Company
  • National Association of Tobacco Outlets, Inc.
  • Philip Morris USA, Inc.
  • R.J. Reynolds Tobacco Company
  • U.S. Smokeless Tobacco Brands, Inc.
  • U.S. Smokeless Tobacco Manufacturing Company LLC

Defendant

  • Angel Taveras, Mayor of Providence
  • City of Providence, Rhode Island
  • Michael A. Solomon, Providence City Council President
  • Providence Board of Licenses
  • Providence Police Department
  • Steven M. Pare, Commisioner of Public Safety for the City of Providence

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product